New Gitmo Rules May Violate 6th Amendment and Atty.-Client Privilege

The commander of the Guantanamo Bay detention facility, Rear Admiral David Woods, has suggested a fundamental rule change regarding the military’s right to access and review written communication exchanged between Gitmo prisoners suspected of being co-conspirators in the attacks of September 11, 2001 and the attorneys representing them.

According to details of the rules published by the Associated Press, all the covered correspondence sent back and forth between any of the five detainees categorized as 9/11 co-conspirators and their legal counsel would be thoroughly reviewed by law enforcement and Department of Defense personnel.

The new policy has not yet been promulgated as Woods has yet to sign it. However, he has sent a draft copy of the proposal to the appropriate lawyers and has attached thereto an order for them to sign if they agree with the changes to the currently applicable standard operating procedures.

In response to the request from Admiral Woods, the attorneys for the five prisoners have written a memo opposing the new rule based on their averment that such a scheme would violate the privilege afforded communication between attorneys and clients. Furthermore, were the rule to be enforced, their clients would be deprived of the right to counsel afforded to individuals by the U.S. Constitution.

The commander of the Guantanamo Bay detention facility, Rear Admiral David Woods, has suggested a fundamental rule change regarding the military’s right to access and review written communication exchanged between Gitmo prisoners suspected of being co-conspirators in the attacks of September 11, 2001 and the attorneys representing them.

According to details of the rules published by the Associated Press, all the covered correspondence sent back and forth between any of the five detainees categorized as 9/11 co-conspirators and their legal counsel would be thoroughly reviewed by law enforcement and Department of Defense personnel.

The new policy has not yet been promulgated as Woods has yet to sign it. However, he has sent a draft copy of the proposal to the appropriate lawyers and has attached thereto an order for them to sign if they agree with the changes to the currently applicable standard operating procedures.

In response to the request from Admiral Woods, the attorneys for the five prisoners have written a memo opposing the new rule based on their averment that such a scheme would violate the privilege afforded communication between attorneys and clients. Furthermore, were the rule to be enforced, their clients would be deprived of the right to counsel afforded to individuals by the U.S. Constitution.

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